ILLINOIS POLLUTION CONTROL BOARD
September 17, 1992
IN THE MATTER OF :
)
AMENDMENTS TO 35 ILL
.ADM .
)
R92-7
CODE 101
.103(d) REGARDING
)
(Rulemaking)
RECYCLED PAPER
)
Proposed Rule . Second Notice .
OPINION AND ORDER OF THE BOARD (by J
. Theodore Meyer) :
On May 19, 1992, Business and Professional People for the
Public Interest (BPI) filed a petition to amend the Board's rule
requiring the use of recycled paper
. BPI seeks to make technical
corrections to the rule, because the statutory definition of
recycled paper has been revised and recodified
. On May 21, 1992,
this Board accepted the proposal
. The Board noted that because
this proposal seeks to amend a procedural rule, several aspects
of "regular" rulemaking do not apply to this proceeding
. For
example, the Board is not required to hold hearings other than
within the context of the Administrative Procedure Act (APA)
.
(Ill
.Rev.Stat.1991, ch . 127, par . 1001 et seq.)
On June 4, 1992,
the Board sent the proposal to first notice, without taking a
substantive position on the merits of the proposal
. The proposed
rule was published in the
Illinois Register on July 6, 1992, at
16 Ill .Reg . 10387 .
PROPOSAL
The Board's recycled paper rule, adopted in R90-24 and found
at 35 Ill .Adm.Code
101 .103(d), refers to Section 3(f) of the
Illinois Solid Waste Management Act (Ill
.Rev .Stat . 1989, ch
. 111
1/2, par
. 7053(f)) for the definition of "postconsumer
material."'
In its proposal, BPI states that Section 3(f) of the
Illinois Solid Waste Management Act no longer exists in the same
form
. BPI states that the General Assembly amended Section 3 by
changing the definition of recycled paper and recodifying the
definition . 2
The Illinois Solid Waste Management Act now
requires that recycled paper contain at least 50% "recovered
1
The Board notes that although BPI states that the existing
rule refers to Section 3(f) for the definition of "recycled
paper", in fact the existing rule refers to Section 3(f) only for
the definition of "post-consumer material
."
2
The change was made in Public Act 87-485, effective
January 1, 1992
.
0136-0189
2
paper
the percentage
material",
of
and
postconsumer
establishes
material
a phased-in
in "recovered
schedule
paperunder
which
material" is 20% in 1992, increasing to 50% by the year 2000 .
Therefore, BPI contends that to ensure consistency between the
confusion,
Board's rule
the
and
Board's
the statutory
rule should
language,
be amended
and to
to
avoid
incorporate
any
the
new definition of recycled paper .
At first notice, the Board made minor changes to the
language and organization of the proposal . Instead of
incorporating a reference to the statute as amended, as BPI
proposed, the Board spelled out the requirements for "recycled
paper" within the text of the rule
. Additionally, the Board
proposed definitions of "deinked stock", "recovered paper
material",
definitions
and
section
"postconsumer
(Section 101material"
.101) .
in
These
the
definitions
existing
are
based upon the statutory language of Public Act 87-485, adding
new
changes
Section
were
3(f)
proposed
to the
to
Illinois
conform
Solid
to APA
Waste
and Administrative
Management ActCode
. The
Division requirements, and in an attempt to avoid further
regulatory amendments in the event of another recodification
.
PUBLIC COMMENTS
The Board received only two public comments on this
proposal . The Administrative Code Division suggested several
technical changes, which the Board will make
.
(P .C
.
11
.) The
Sierra Club, Illinois Chapter, also filed a comment . (P .C . #2 .)
The Sierra Club noted that it supported the initial adoption of
proposal
the recycled
making
paper
technical
rule, and
changesstated
in
that
the
it
rulesupports
. The Sierra
BPI's
Club
developing
maintains that
the
using
markets
recycled
necessary
products
for large-scale
is a crucial
recyclingstep
in
.
products
Finally,
to
the
be
Sierra
very cost-competitive
Club stated that
with
it has
non-recycled
found recycled
products,paper
and compatible with office equipment .
CONCLUSIONS
proposes,
After
for
considering
second notice,
the record
to amend
in this
its procedural
proceeeding,
rulethe
Board
requiring recycled paper to reflect legislative changes . It
would be unnecessarily confusing for the Board's rule to refer to
an old statute, especially when the "new" section has the same
number as the "old" section
. Additionally, the Board believes
that
clarify
its
the
changes
rule and
to the
avoid
proposal,
further
as
amendments
made at first
in the
notice,
event ofwill
another statutory change
. Except for the technical corrections
suggested
today is identical
by the Administrative
to the rule proposed
Code Unit,
for
the
first
rule
noticeproposed
.
0136-0190
3
ORDER
The Board hereby proposes the following amendments for
Committee
second noticeon
Administrative
. The amendments
Rulesare .
to be filed with the Joint
TITLE 35
: ENVIRONMENTAL PROTECTION
SUBTITLE A : GENERAL PROVISIONS
CHAPTER I : POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SUBPART A : GENERAL PROVISIONS
Section 101 .101
Definitions
The definitions of the Environmental Protection Act
(Ill .Rev.Stat
. 19371991, ch . 111 1/2, par
. 1001 et seq.) apply to
this Part unless otherwise provided
. The following definitions
also apply to this Part
:
"Act" means the Environmental Protection Act
(Ill .Rev .Stat . 19841991, ch . 111 1/2, par
. 1001 et
seq .)
"Agency" means the Illinois Environmental Protection
Agency .
""All means the Illinois Administrative Procedure Act
(Ill
.Rev .Stat .19871991, ch . 127 . par
. 1001 et seq .)
"Attorney General" means the Office of the Attorney
General of the State of Illinois
.
"Board" means the Illinois Pollution Control Board
.
"Chairman" means the Chairman of the Board
.
"Clean Air Act" means the federal Clean Air Act (42
U .S .C . 7401 et seq
. (198&91)) .
"Clean Water Act" means the federal Clean
U .S .C . 1251 et seq
. (198&f,)) .
"Clerk" means the Clerk of the Board
.
Water Act (33
including
"Contested
but
case"
not
means
limited
an
to
adjudicatory
enforcement,
proceeding,variance,
permit appeal, adjusted standard, and administrative
citation proceedings, but not including regulatory,
0136-0191
4
quasi-legislative,
informational, or
similar
proceedings .
"DEINKED STOCK" MEANS PAPER THAT HAS BEEN PROCESSED TO
REMOVE INKS, CLAYS
. COATINGS . BINDERS AND OTHER
CONTAMINANTS
. (Illinois Solid Waste Management Act
.
Section 2 .1 . P .A .
87-485 . effective January 1
. 1992 .)
"Document" means pleading, notice, motion, affidavit,
memorandum, brief, petition, or other paper or
combination of papers required or permitted to be
filed .
"DNS" means the Illinois Department of Nuclear Safety
.
"ENR" means the Illinois Department of Energy and
Natural Resources .
"Evidence" means a paper, drawing, map, chart, report,
at
study,
hearing,
or other
or testimony
tangible
received
thing produced
at hearingand
submitted
.
"Initial filing" means the filing which initiates a
Board proceeding
. For example, the initial filing in
an enforcement proceeding is the complaint
; in a permit
appeal is a petition for review, and in a regulatory
proceeding is the proposal
. There is only one initial
filing in each Board proceeding .
"JCAR" means the Joint Committee on Administrative
Rules .
"Material" means relating to any substantive issue that
is of consequence to the determination of a proceeding
.
or
"Participant"
its staff, who
means
takes
any
part
person,
in a
not
regulatory
including
or
the
otherBoard
quasi-legislative proceeding before the Board
. A
person becomes a participant in any of several ways,
including, but not limited to, filing a comment, being
added to the notice list of a particular proceeding, or
testifying at hearing .
"Party" means a person authorized by the Act to bring,
defend, or intervene in a contested case before the
Board .
"Person" means any person defined in Section 3
.26 of
the Act, including but not limited to any individual,
partnership, company, corporation, political
subdivision, or state agency
.
0136-0192
5
"Postconsumer material" means PAPER
. PAPERBOARD . AND
FIBROUS WASTES FROM RETAIL STORES
. OFFICE BUILDINGS .
HOMES
. AND SO FORTH . AFTER THE WASTE HAS PASSED THROUGH
ITS END USAGE AS A CONSUMER ITEM, INCLUDING USED
CORRUGATED BOXES . OLD NEWSPAPERS, MIXED WASTE PAPER
.
TABULATING CARDS . AND USED CORDAGE
. "Postconsumer
material also includes ALL PAPER, PAPERBOARD . AND
FIBROUS WASTES THAT ARE DIVERTED OR SEPARATED FROM THE
MUNICIPAL SOLID WASTE STREAM . (Illinois Solid Waste
Management Act, Section3(f)(2) . P .A . 87-485,
effective
January 1 . 1992 .)
"Procedural rules" means the Board's procedural rules,
contained in 35 Ill .Adm.Code 101 through 120
.
"Recovered paper material" means POSTCONSUMER MATERIAL .
AND DRY PAPER AND PAPERBOARD WASTE GENERATED AFTER
COMPLETION OF THE PAPERMAKING PROCESS (THAT IS . THOSE
MANUFACTURING OPERATIONS UP TO AND INCLUDING THE
CUTTING AND TRIMMING OF THE PAPER MACHINE REEL INTO
SMALLER ROLLS OR ROUGH SHEETS) . INCLUDING ENVELOPE
CUTTINGS . BINDERY TRIMMINGS
. AND OTHER PAPER AND
PAPERBOARD WASTE RESULTING FROM PRINTING
. CUTTING .
FORMING
. AND OTHER CONVERTING OPERATIONS
. OR FROM BAG .
BOX AND CARTON MANUFACTURING
. AND BUTT ROLLS, MILL
WRAPPERS
. AND REJECTED UNUSED STOCK .
"Recovered paper
material" also includes FINISHED PAPER AND PAPERBOARD
FROM OBSOLETE INVENTORIES OF PAPER AND PAPERBOARD
MANUFACTURERS . MERCHANTS
. WHOLESALERS . DEALERS .
PRINTERS
. CONVERTERS, OR OTHERS . (Illinois Solid Waste
Management Act
. Section3(f)(3) . P .A . 87-485 .
effective
January 1 . 1992 .)
"Registered agent" means a person registered with the
Secretary of State for the purpose of accepting service
of notices for any entity, or a person otherwise
authorized in writing as an agent for the purpose of
accepting service of notices for that entity in Board
proceedings .
existence
"Relevant"
of
means
any fact
having
that
any
is
tendency
of consequence
to make
to
thethe
determination of the proceeding more probable or less
probable than it would be without that information
.
"RCRA" means the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act of 1976
(42 U.S .C
. 6901 et seq . (194&21)) .
"SDWA" means the federal Safe Drinking Water Act (42
U .S .C
. 300f et seq . (198891)) .
0136-019
.
3
6
"Site-specific rule" means a proposed or adopted
regulation,
only to a specific
not of general
facility
applicability,
or geographic
which
site .
applies
unjustified,
"Undue delay"
improper,
means a delay
or is
which
more
is
delay
unwarranted,than
necessary .
"USEPA" means the United States Environmental
Protection Agency .
Section
(Amended
101at .10316
Ill.Reg . , effective
Form of Documents
a)
Documents shall clearly show the title of the
proceeding in which they are filed
. Appendix A of this
Part sets forth examples of proper captions
. Documents
shall bear a heading which clearly describes the nature
of the relief sought, such as, but not limited to
"Petition
"Petition
for
for Variance",
Amendment to
"Petition
Regulation",
for Review","Complaint",
"Motion", or "Public Comment"
.
b)
Except
copies
as
of
otherwise
all documents
provided,
shall
the
be filed
original
with
and
the
nine
Clerk(9)
.
Only the original and four (4) copies of any discovery
motion, deposition, interrogatory, answer to
interrogatory, or subpoena need be filed with the
Clerk .
c)
After the filing of the initial document in a
proceeding, all filings, including exhibits, shall
include the Board docket number for the proceeding in
which the item is to be filed
. If the filing is a
document, the docket number shall appear on the first
page of the filing
. For filings which are not
documents, the docket number shall appear on a readily
visible portion of the filing .
d)
Documents, excluding exhibits, shall be typewritten or
reproduced
uncoated white
from
paper
typewritten
of greater
copy
than
and
12
double-spaced
pound weighton
and measuring 8" x 10 1/2" or 8 1/2" x 11"
.
Reproductions may be made by any process that produces
legible black-on-white copies
. All documents shall be
fastened on the left side or in the upper left corner
.
The left margin of each page shall be at least 1 1/2
inches and the right margin at least one inch
. As of
January 1, 1992, all documents, excluding exhibits,
filed with the Board by attorneys or by organized
OI36-OI94
7
environmental and trade groups shall be submitted on
recycled
"recycled
paperpaper" . For
means
purposes
paper which
of this
contains
Section,at
least
40% pesteensumer 50% recovered paper
material .
Ccotion 3(f) of the Illinois Colid Waotc Management
Act
recovered
(Ill.Rcv.Ctatpaper
. 1989,material
oh .
shall
111 1/2,contain
par .
at
7053(f))least .
20% Tb&
deinked stock or postconsumer material, until July 1
.
1994 : beainnina July 1 . 1994 . shall contain at least
25% deinked stock or postconsumer material
; beainninq
July 1 .
1996, shall contain at least 30% deinked stock
or postconsumer material
; beainnina July 1
. 1998 . shall
contain at least 40% deinked stock or nostconsumer
material ; and beqinninq July 1
. 2000, shall contain at
least 45% deinked stock or postconsumer material .
Either the certificate or proof of service or the
notice of filing accompanying all documents filed by
attorneys or by organized environmental or trade groups
shall state "THIS FILING IS SUBMITTED ON RECYCLED
PAPER"the
first
. This
page
statement
of the certificate
shall be made
or proof
at the
of
bottom
service,of
or the notice of filing . This recycled paper
requirement
letterhead,
does
when
not
used
apply
for cover
to stationery,
letters or
such
similaras
purposes
. Additionally, the Board encourages all
participants to double-side copies of documents filed
with the Board .
e)
The requirements of subsections
(b), (c), and (d) above
may be waived by the Board upon written request . A
request for a filing waiver shall be presented to the
Board
necessary
in the
to verify
form of
any
a motion
factual
accompanied
assertions
by
contained
affidavitsin
the motion
. If the Board finds that compliance with
the filing requirements would impose an undue burden,
the Board will grant the motion
.
f)
Exhibits, where possible, shall be reduced to conform
to the size requirements of subsection (d) above .
However, one non-conforming copy may be filed with the
Clerk's office .
The
g)
The original of each document filed shall be signed by
the party or by its authorized representative or
attorney
. All documents shall bear the business
address and telephone number of the attorney filing the
document, or of the party who appears on his or her own
behalf
. The Clerk will refuse to accept for filing any
document which does not comply with this subsection
.
h)
Except as otherwise provided by Sections 1 through 4 of
0136-0195
"AN ACT in relation to the reproduction of public
records on film and the destruction of records so
reproduced" (Ill .Rev .Stat . 19871991,
ch . 116, pars . 35-
38), or by leave of the Board, documents on microfiche
are not acceptable for filing .
(Source
: Amended at 16 Ill .Reg . ,
effective
IT IS SO ORDERED
.
I, Dorothy M
. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify
~
that the ab~pv~e o inion and order was
adopted on the
/
day of
,<Ee ml
J ,
1992, by a vote
of 7-o .
8
Dorothy M .
Clerk
Illinois P
Control Board
0136-0196
